Food Labeling Panel Current Food Labeling Regulations Labeling Trends and Class Action Litigation Related to Food Labeling Mitchell Hamline School of Law November 29 2016 1 Panelists Sarah Brew Moderator ID: 810688
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Hot Topics in Food Labeling and Safety
Food Labeling Panel: Current Food Labeling Regulations, Labeling Trends, and Class Action Litigation Related to Food Labeling
Mitchell Hamline School of LawNovember 29, 2016
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Slide2Panelists
Sarah
Brew, Moderator
Shirley
Boyd
Partner
VP, Assistant General Counsel
Steve ToeniskoetterMelissa WolchanskySenior AttorneyPartner
Slide3Who’s Looking at Labels?
Government
FTC, FDA, USDA, State AGs
Self-regulatory Bodies
NAD, CARU, CFBAI
Industry, supply chains
Competitors
Class Action LawyersNGOs, bloggers, academicsConsumersEsp. social media3
Slide4Latest Federal Law, Regulations and Developments
Fat, Sugar, Salt“Healthy” and other health claimsKIND petition
Nutrition Facts Panel
Slide5New Nutrition Facts Panel Format
Slide6Latest on GMO Labeling Legislation
Federal Legislation/Regulations
TimingWhat is covered?Open issuesUSDA
How to provide information about GMOs
Non-GMO
GM
“Natural” and GMOs
Slide7Latest in “Natural” Litigation
FDA’s request for comments on “natural”
Resulting judicial stays based on primary jurisdiction11 cases and countingPlaintiffs’ Bar perspectiveLabel changesSettlements
Slide8Food Labeling Class Action Update
Ascertainability
Subpoena records from retailers Shopper Cards/retail records/identifiable informationDamagesHedonic regression analysis
Price Premium
At class certification?
Standing
Injunctive relief
Understanding “natural”
Slide9Managing Labeling Risk: The Company Perspective
How do you keep abreast of the latest label challenges and litigation trends?Has your company changed its label review and substantiation processes as a result of litigation?
Slide10Questions?